Garcia v. Clark, et al.

Filing 172

ORDER Rescheduling Trial Confirmation Hearing and Trial Date, signed by Magistrate Judge Dennis L. Beck on 6/7/16. Trial Confirmation Hearing set for 12/1/2016 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill; Jury Trial set for 1/10/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM P. GARCIA,

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Plaintiff,

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v.

Case No. 1:10-cv-00447 LJO DLB PC
ORDER RESCHEDULING TRIAL
CONFIRMATION HEARING AND TRIAL
DATE

CLARK, et al.,
Defendants.

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Plaintiff William P. Garcia (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on March 12, 2010. On October

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14, 2013, Defendants filed a motion to dismiss for lack of subject matter jurisdiction. On February

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4, 2015, Defendants’ motion was granted, thereby dismissing the case.

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Plaintiff filed a notice of appeal and the appeal was processed to the Ninth Circuit Court of

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Appeals. The parties engaged in the Ninth Circuit’s mediation program and agreed that Plaintiff’s

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argument on appeal concerning the viability of his claims for damages was meritorious. The parties

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agreed to resolve the appeal by stipulating to dismissal of the appeal and filing a joint motion to

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vacate the judgment and modify the order granting the motion to dismiss in order to allow Plaintiff’s

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claim for damages based on allegations of past misconduct to continue in the District Court. On

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May 10, 2016, the parties filed a joint motion to vacate judgment and modify the order granting the

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motion to dismiss. The motion was granted on May 18, 2016, and the February 4, 2015, order
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adopting the Findings and Recommendation was modified. Defendants’ motion to dismiss was
denied in part to allow Plaintiff’s claim for monetary damages to proceed based on allegations of
past misconduct.
On July 8, 2013, the date set for trial was vacated pending settlement conferences and
subsequent proceedings. Those matters having been resolved, the Court finds rescheduling of the
trial confirmation hearing and trial date in this action necessary at this time.

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ORDER
Accordingly, IT IS HEREBY ORDERED that:
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This matter is set for telephonic trial confirmation hearing before the Honorable

Lawrence J. O’Neill on December 1, 2016, at 8:30 a.m. in Courtroom 4;
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This matter is set for jury trial before the Honorable Lawrence J. O’Neill on January

10, 2017, at 8:30 a.m. in Courtroom 4;
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Counsel for Defendants is required to arrange for the participation of Plaintiff in the

telephonic pretrial conference and to initiate the telephonic hearing at [phone].

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 7, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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